N.J. Admin. Code § 3:1-2.7
Current through Register Vol. 56, No. 19, October 7, 2024
Section 3:1-2.7 - Charter applications; objections and hearings(a) An objection to a new charter application of a depository, if any, shall be filed in the Department no later than 10 business days prior to the scheduled hearing date.(b) To be considered by the Commissioner, an objection shall be in writing and shall contain: 1. A summary of the reasons for protest;2. Facts supporting the protest, including relevant economic or financial data;3. Any adverse effects on the objector which may result from the approval of the application;4. An indication as to whether the objector intends to appear personally at the charter hearing. A fee of $ 750.00 shall accompany a notice of intent to appear at a charter hearing, except that a non-profit public interest objector shall instead include a $ 100.00 fee; and5. A certification that the objection containing the information set forth in (b)1 through 4 above and a request for a copy of the application were mailed or delivered to the applicant, and proof of mailing or delivery to the applicant of the objection and request.(c) Upon receipt of notice that an objection has been filed, an applicant shall, within five calendar days, forward and deliver to the objector copies of the application and all supportive data submitted relative to the application. The applicant shall file with the Commissioner proof of delivery to and receipt by the objector of this data. Within seven days after receiving this data, the objector may then file additional comments with the Department regarding matters contained in the application, and shall send copies of all comments to the applicant.(d) The Commissioner may determine not to consider the objection of any objector not complying with this section.(e) The Commissioner may extend any time period set forth in this section to allow for an objection and/or for consideration of an objection by the applicant or the Department.(f) A formal hearing, pursuant to the Administrative Procedure Act, 52:14B-1 et seq., shall be held on all charter applications where an objection(s) has been filed in accordance with this rule. Only those objectors which comply with this section shall be permitted to appear at the hearing.(g) Where no complying objections have been filed, the hearing on the charter application shall not constitute a "contested case" under the Administrative Procedure Act, 52:14B-1 et seq. The hearing shall be an investigative, fact-finding hearing. The hearing shall, at the Commissioner's discretion, be conducted by the Commissioner or his or her designee who shall report to the Commissioner and advise him or her on the matter delegated. The Commissioner shall make a determination or issue an order, based upon that advice and report, as he or she shall, in his or her discretion determine, and that determination or order shall have the same force and effect as if the Commissioner had conducted the hearing personally, and shall constitute a final agency decision.N.J. Admin. Code § 3:1-2.7
Repeal and New Rule, R.1992 d.483, effective 12/7/1992.
See: 24 New Jersey Register 3034(a), 24 New Jersey Register 4341(a).
Section was "Charter applications; publication of hearing dates".
Recodified from 3:1-2.6 and amended by R.1996 d.483, effective 10/7/1996
See: 28 New Jersey Register 2661(a), 28 New Jersey Register 4417(b).
Former N.J.A.C. 3:1-2.7, "Branch applications; objections and oral presentations", recodified to 3:1-2.8.
Amended by R.2001 d.112, effective 4/2/2001.
See: 33 New Jersey Register 213(a), 33 New Jersey Register 1087(a).
In (a), substituted "from" for "of" following "five business days".
Amended by R.2006 d.287, effective 8/7/2006.
See: 38 N.J.R. 1627(a), 38 N.J.R. 3160(a).
Rewrote (a), (d) and (f); in the introductory paragraph of (b), inserted "shall"; in (b)4, substituted "intends to appear personally" for "will object"; rewrote (b)5; in (c), inserted commas preceding and following "within five calendar days"; and added (g).